Case Note & Summary
The dispute arose from the petitioners, Air-Conditioned Coach Incharges-Attendants in Northern Railway, who filed writ petitions against the Union of India and Railway Administration. They claimed discrimination as their counterparts in Western, Central, and Eastern Railways received overtime allowances for extra duty hours exceeding 96 hours in two weeks. The petitioners sought equal treatment and payment of the same overtime allowance. The court found no justification for the differential treatment and directed the Union of India and Railway Administration to pay the overtime allowance to the petitioners effective from June 1, 1984, on the same basis as their counterparts in other railways. The court also ordered that all arrears of such allowances be paid within four months and extended the benefit of the order to all employees, including those who had retired or had not joined as petitioners. The writ petitions were allowed without costs.
Headnote
A) Constitutional Law - Right to Equality - Discrimination in Payment of Overtime Allowance - Constitution of India, Articles 14 and 32 - Petitioners contended that their counterparts in other Railways received overtime allowances for extra duty hours, seeking equal treatment. Court held that denying such allowances to Northern Railway employees was unjustified and directed payment of overtime allowances effective from June 1, 1984, to all affected employees, including retirees (Paras 48B-D).
Issue of Consideration
Whether the denial of overtime allowance to Air-Conditioned Coach Incharges-Attendants in Northern Railway was justified.
Final Decision
The court allowed the writ petitions, directing the Union of India and Railway Administration to pay overtime allowances to the petitioners effective from June 1, 1984, and to pay all arrears within four months.
Law Points
- Overtime allowance
- Discrimination
- Equal pay for equal work
- Writ jurisdiction
